Something unusual has been happening in the U.S. Senate this month: Senators are actually working. And not just working, but working overtime!
It’s been a bizarre turn of events, considering the 118th Congress is not only the least productive in modern history but also one of the laziest in recent memory. The Senate, which typically moves at a glacial pace, has seen an uptick in activity following the election, thanks to a significant push from Majority Leader Chuck Schumer. Schumer has been in overdrive, rushing through a list of judicial nominees approved by Democrats before Republicans take over the reins in January.
Senator Kevin Cramer (R-ND) expressed his disbelief, remarking to Raw Story, "It's pretty rich that suddenly he's in a hurry. It's very weird. We're not being a deliberative body." It’s clear that the urgency has caught many by surprise, considering the history of inaction and sluggishness in the Senate.
The Shift to Action
The Senate, traditionally known for its slow pace and frequent recesses, has been unusually active. In the two weeks between the election and the Thanksgiving recess, Schumer led 40 roll call votes. For context, the Senate only voted 25 times in September, 30 times in January, and a meager 28 times in July (including their only day in session that month).
Schumer’s increased focus on judicial nominations is a clear sign of his commitment to getting President Joe Biden’s judicial nominees confirmed before Republicans take control. To date, Biden has seen 221 of his judicial picks confirmed, but he’s hoping to match or exceed former President Donald Trump’s impressive 234 confirmations during his first term. Schumer’s urgency is now driving the Senate to a frenetic pace, a far cry from its usual slow-motion progress.
Behind the Scenes Chaos
While senators rushed to get their work done, Capitol Police officers were working grueling 16-hour shifts, and Senate attendants, responsible for managing everything from elevators to guarding the Senate chamber, were putting in 12-hour days. These staff members were tasked with making sure senators completed their long-overdue homework, as Schumer scrambled to get judicial nominations through the Senate.
"It's been a busy week," Senate Majority Whip Dick Durbin (D-IL) said, acknowledging the intense pace before the Senate adjourned last Thursday afternoon. Durbin, who chairs the Senate Judiciary Committee, defended the recent activity, claiming the Senate had always planned to ramp up post-election. “We wanted to save the judicial nominations to a point where we could call groupings of them,” he explained. “And we achieved that.”
Durbin was also pressed about the oddity of three-day workweeks, a norm in the Senate recently, where senators come in on Tuesday and leave by Thursday. “Looking back, would it have maybe been better for some of your candidates if they could show voters they work five-day weeks?” Durbin was asked. His response? “The reality of campaigns is something we have to take into consideration.”
Campaigning and Senate business have been closely intertwined this year. The chamber took a long, empty pause in August and October, which has now become standard during election years. On top of that, senators enjoyed seven weeks off throughout the year for national holidays, including Thanksgiving and President’s Day. For context, the 118th Congress has passed only 139 measures, a stark contrast to the 148 measures passed in the lame duck session after the 2022 midterms. It’s a clear reflection of the gridlock that’s taken hold in Washington.
The New Judicial Battlefield
The judicial nominations battle has intensified, especially in the wake of the Roe v. Wade decision. Both major political parties now view judicial appointments as a top priority. They know that reshaping the federal bench in their party’s image is one of the most significant powers they hold, and Schumer’s recent rush is a direct response to this need.
While Schumer pushes forward with his nominations, Republicans are already gearing up for a fight. Many GOP lawmakers are vowing to block Biden's judicial nominees in the coming months. "They should," said Senator Cramer. The GOP is gearing up for retribution once they regain control of Congress in 2025, and they’re clearly anticipating a major showdown.
The pressure has mounted in recent weeks, with Republicans using procedural tactics to slow the process. But as the holiday season looms, both parties are looking to strike a deal that will help push things through before year-end. In a recent negotiation, Schumer agreed to delay votes on four Biden appellate court nominees, hoping to avoid further roadblocks. But even this compromise has led to tension, with progressives and Republicans alike expressing frustration.
On one hand, the progressive left is upset that some of Biden’s nominees have been delayed, while on the other hand, many Republicans are upset that some of their colleagues didn’t even bother showing up to vote on judicial nominees. The divide within the GOP is evident, as Trump’s allies see this as a chance for payback.
Trump’s Response
Trump has made his displeasure known. "The Democrats are trying to stack the Courts with Radical Left Judges on their way out the door," he posted on Truth Social. “Republican Senators need to Show Up and Hold the Line—No more Judges confirmed before Inauguration Day!” Trump’s call to action has added fuel to the fire, with his supporters pushing for Republicans to block Biden’s nominees in the waning days of the 118th Congress.
However, Republican leaders like Mitch McConnell have been quick to push back, reminding their colleagues that the reason so many vacancies were available in Trump’s first term was because Senate Republicans had blocked many of President Obama’s final judicial picks. “As Mitch reminded us at lunch, one of the reasons we had so many last time we were in the majority in Trump’s first term was because Mitch had held up a bunch of Obama's,” Cramer explained. The strategy was clear—Senate Republicans had kept judicial seats open, paving the way for Trump’s appointments.
Now, in the final stretch of the 118th Congress, Republicans are looking to block any more confirmations from happening, with hopes that they can halt Biden’s judicial nominations until they take back control in January.
The Future of the Senate
As the Senate approaches the end of its session, the power dynamics in Washington are shifting. The GOP is eager to take control of Congress in 2025, and they are hoping to turn the tables on Democrats once they do. “We just got to remember the same thing when we get in,” said Senator Tommy Tuberville (R-AL). But with a slim majority and a divided Senate, the GOP will have to be strategic in their approach.
This newfound urgency in the Senate has certainly shaken things up. While Schumer’s quick action has been applauded by some, it has left others questioning whether it’s too little, too late. As the clock ticks down on the 118th Congress, all eyes are on Washington to see how the battle over judicial appointments will play out and what the future holds for the Senate.
The drama unfolding on Capitol Hill is a reflection of the high stakes in American politics. From delayed votes to heated arguments over judicial nominations, the Senate is in the midst of a frenzied end-of-session scramble. But with the 2024 elections looming, this is just the beginning of what promises to be a fierce political battle in Washington. Will Schumer’s swift action pay off, or will the GOP find ways to exact their revenge in the new year? Only time will tell.
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